WVC 17 - 16 A- 5
§17-16A-5. Definitions.
As used in this article, the following words and terms shall
have the following meanings, unless the context shall indicate
another or different meaning or intent:

(a) "Cost" means the cost of construction, reconstruction,
maintenance, improvement, repair and operation of the project, the
cost of the acquisition of all land, rights-of-way, property,
rights, easements and interests acquired by the Parkways Authority
for such construction, reconstruction, maintenance, improvement and
repair, the cost of all machinery, equipment, material and labor
which are deemed essential thereto, the cost of improvements, the
cost of financing charges, interest prior to and during
construction and for one year after completion of construction, the
cost of traffic estimates and of engineering, consultant,
accounting, architects', trustees' and legal fees and expenses,
plans, specifications, surveys, estimates of cost and of revenues,
other costs and expenses necessary or incident to determining the
feasibility or practicability of constructing any such project,
administrative expenses and such other costs and expenses as may be
necessary or incident to the construction of the project, the
financing of such construction and the placing of the project in
operation or to the operation of the project. Any obligation or
expense hereafter incurred by the Department of Transportation with
the approval of the Parkways Authority, regardless of whether the
approval was authorized before or after the obligation or expense was incurred, for traffic surveys, borings, preparation of plans
and specifications, and other engineering and consulting services
in connection with the construction of a parkway project shall be
regarded as a part of the cost of such project and may be
reimbursed to the state out of the proceeds of parkway revenue
bonds or revenue refunding bonds hereinafter authorized.

(b) "Department of Transportation" means the West Virginia
Department of Transportation and each of its respective divisions
and subordinate agencies, including, without limitation, the
Division of Highways.

(c) "Economic development project" means any land or water
site, structure, facility or equipment which the Parkways Authority
may acquire, create, develop, construct, reconstruct, improve or
repair under the provisions of this article to promote the
agricultural, economic or industrial development of the state,
together with all property rights, easements and interests which
may be acquired by the Parkways Authority for the development,
construction or operation of such project.

(e) "Feeder roads" means any road serving community to
community travel or collects and feeds traffic to an expressway or
turnpike.

(f) "Local service road" means any local arterialized and spur
roads which provide land access and socioeconomic benefits to abutting properties.

(g) "Owner" means all individuals, co-partnerships,
associations or corporations having any title or interest in any
property, rights, easements and interests authorized to be acquired
by this article.

(h) "Park and forest roads" means any road serving travel
within state parks, state forests and public hunting and fishing
areas.

(i) "Parkways Authority" or "Authority" means the West
Virginia Parkways Authority, or if the Parkways Authority is
abolished, the board, body, commission or authority succeeding to
the principal functions thereof or to whom the powers given by this
article to the Parkways Authority shall be given by law.

(j) "Parkway project" means any expressway, turnpike, bridge,
tunnel, trunkline, feeder road, state local service road or park
and forest road, or any portion or portions of any expressway,
turnpike, trunkline, feeder road, state local service road or park
and forest road, whether contiguous or noncontiguous to the West
Virginia Turnpike or to any such portion or portions, which the
Parkways Authority may acquire, construct, reconstruct, maintain,
operate, improve or repair under the provisions of this article,
which shall include for all purposes of this article, any
acquisition, construction, reconstruction, maintenance, operation,
improvement or repair that the authority may undertake by agreement
with the Department of Transportation, or any expressway, turnpike or other road constructed by the West Virginia Turnpike Commission
pursuant to the authority granted to it under the laws of this
state prior to June 1, 1989, and shall embrace all bridges,
tunnels, overpasses, underpasses, interchanges, entrance plazas,
approaches, toll houses, service stations and administration,
storage and other buildings, which the Parkways Authority may deem
necessary for the operation of the parkway project, or which is
used in the operation of a parkway project constructed prior to
June 1, 1989, together with all property, rights, easements and
interests which may be acquired by the Parkways Authority for the
construction or the operation of the parkway project or which were
acquired in connection with or are used in the operation of a
parkway project constructed prior to June 1, 1989.

(k) "Project" or "projects" means a parkway project, economic
development project or tourism project, or any combination thereof.

(l) "Transportation secretary" means the Secretary of the
State Department of Transportation.

(m) "Tourism project" means:

(1) Any park or tourist facility and attraction which the
Parkways Authority may create, develop, construct, reconstruct,
improve, maintain or repair under the provisions of this article,
and shall include all roads, interchanges, entrance plazas,
approaches, service stations, administration, storage and any other
buildings or service stations, structures which the Parkways
Authority may deem necessary for the operation of the tourism project, together with all property rights, easements and interests
which may be acquired by the Parkways Authority for the
construction or operation of the tourism project; and

(2) The construction, reconstruction, improvement, maintenance
and repair of any park or tourist facility and attraction owned by
the state as of June 1, 1989.

(n) "Tourist facility and attraction" mean cabins, lodges,
recreational facilities, restaurants, and other revenue producing
facilities, any land or water site, and any information center,
visitors' center or rest stop which the Parkways Authority
determines may improve, enhance or contribute to the development of
the tourism industry in the state.

(o) "Trunkline" means any road serving major city to city
travel.

(p) "Turnpike" means the West Virginia Turnpike or any other
toll road in the state.

(q) "West Virginia Turnpike Commission" means the State
Turnpike Commission existing as of June 1, 1989.

(r) "West Virginia Turnpike" means the turnpike from
Charleston to a point approximately one mile south of the
intersection of Interstate 77 and U.S. Route 460 near Princeton in
Mercer County, West Virginia, which road is presently a part of the
federal interstate highway system.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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